PRIA, Government Policy, Made Personal

Summary

Carriers and anyone who receives or holds hazardous substances that move across state lines must let an officer or employee the Commission designates look at and copy records about the substance’s interstate movement or storage, including quantity, shipper, and consignee, at reasonable times when asked. The request must include a written statement saying what kind of hazardous substance is involved. Any evidence gathered this way, or directly based on it, cannot be used to criminally prosecute the person who provided it. Carriers who merely receive, carry, hold, or deliver hazardous substances in the normal course of their business are not made subject to other parts of this chapter just for doing that.

Title 15, §1271

Commerce and Trade, Source: USLM XML via OLRC

For the purpose of enforcing the provisions of this chapter, carriers engaged in interstate commerce, and persons receiving hazardous substances in interstate commerce or holding such hazardous substances so received shall, upon the request of an officer or employee duly designated by the Commission, permit such officer or employee, at reasonable times, to have access to and to copy all records showing the movement in interstate commerce of any such hazardous substance, or the holding thereof during or after such movement, and the quantity, shipper, and consignee thereof; and it shall be unlawful for any such carrier or person to fail to permit such access to and copying of any record so requested when such request is accompanied by a statement in writing specifying the nature or kind of such hazardous substance to which such request relates: Provided, That evidence obtained under this section, or any evidence which is directly or indirectly derived from such evidence, shall not be used in a criminal prosecution of the person from whom obtained: Provided further, That carriers shall not be subject to the other provisions of this chapter by reason of their receipt, carriage, holding, or delivery of hazardous substances in the usual course of business as carriers.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2008—Pub. L. 110–314 substituted “Commission” for “Secretary”. 1970—Pub. L. 91–452 inserted “, or any evidence which is directly or indirectly derived from such evidence,” after “under this section”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1970 AmendmentAmendment by Pub. L. 91–452 effective on sixtieth day following Oct. 15, 1970, and not to affect any immunity to which any individual is entitled under this section by reason of any testimony given before sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91–452, set out as an

Savings Provision

note under section 6001 of Title 18, Crimes and Criminal Procedure.

§1271 Records of Interstate Shipment